Maqasid Syariah Dan Pendekatan Teori Sistem Dalam Hukum Islam Menurut Yasser Auda

Marfiyanto, Tri

doi:10.52166/jkhi.v6i1.4

Cited by 2 publications

(3 citation statements)

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“…Without science, humans will not be able to properly understand life, so they will experience difficulties and suffering. In this regard, Islam gives very strict orders for a believer to seek knowledge (Marfiyanto, 2019). Several verses of the Qur'an related to hifdzu al-'aql, are as follows: Qs.…”

Section: Hifdzu Al-'aqlmentioning

confidence: 99%

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A Conceptual Framework of The Islamic Human Development Index (I-HDI) and its Relationship with Maqāṣid Al-Sharī'ah

Hasbi,

Munajat,

Qoyum

2023

Amwaluna

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Measurement of development in general uses the Human Development Index (HDI) indicator, but this concept cannot yet be a comprehensive measure of human development. The concept of HDI has an aspect of inequality and only measures the material session, while the spiritual is not measured. Therefore, the Islamic Human Development Index (I-HDI) is here to provide solutions for measuring human development in a complex way by measuring people's welfare through material, spiritual, and moral aspects. The purpose of this study is to explain the concepts and indicators of the human development index from an Islamic perspective and their relevance to maqāṣid al-sharī'ah. This research uses a method with a descriptive qualitative approach, which is an effort to understand the concepts found in the research process, using content analysis techniques and library research or literature review. The findings from this study indicate that the concept of the Islamic Human Development Index (I-HDI) provides an overview of the achievement of human development based on maqāṣid al-sharīʿah by measuring material and non-material aspects. I-HDI is an attempt to translate conventional development concepts into an Islamic perspective, in which the analytical tool used is based on the five maqāṣid al-sharīʿah dimensions as indicators of human needs both materially and spiritually. The I-HDI measurement is based on five maqāṣid al-sharīʿah, namely the protection and safeguarding of religion (ad-dien), protection of the soul (an-nafs), protection of the mind (al-aql), protection of offspring (an-nasl), protection of property (al-maal).

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Section: Hifdzu Al-'aqlmentioning

confidence: 99%

“…The goal of continuing heredity from one generation to the next must be considered when maintaining harmonious and blessed family relationships. This situation is a necessity that makes human life exist (Gumanti, 2018).…”

Section: Hifdzu An-naslmentioning

confidence: 99%

A Conceptual Framework of The Islamic Human Development Index (I-HDI) and its Relationship with Maqāṣid Al-Sharī'ah

Hasbi,

Munajat,

Qoyum

2023

Amwaluna

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“…What was originally only limited to individual problems, its dimensions must be expanded to include a more general area; from the individual territory to the territory of society or mankind with all its levels. 31 Further described below in the image Interrelate Hierarchy in Maqasid Syariah against Law no. 16 of 2019.…”

Section: Changes In the Age Of Marriage In The Perspective Of Maqasid...mentioning

confidence: 99%

Maqasid Sharia Perspective in Changes the Marriage Age Limits for Women According to Law Number 16 of 2019

Rizki¹,

Oktalita²,

Sodiqin³

2022

Al-Istinbath : Jurnal Hukum Islam

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This study analyzes the changes to Law no. 16 of 2019 on Law No. 1 of 1974 concerning the age limit of marriage. There are various responses in society, socio-cultural clashes and even religion cannot be avoided, where this situation is increasingly difficult to achieve the goal of marriage. This raises the question, why is it necessary to rearrange the age limits for marriage, and what background causes it? This study uses the maqasid sharia approach with the System theory of Jasser Auda. This type of research is descriptive qualitative using the maqasid sharia approach. The object of study is Law no. 19 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage. This study uses secondary data from two sources. First, the primary source is taken from the text of the Law and the Decision of the Constitutional Court. Second, secondary sources such as books, journals, reports, magazines, newspapers, and so on. Then the data are interpreted and analyzed descriptively. The results of this study showed that the determination of changes to the law regarding the age limit for marriage can be classified into the interests of al-dharurriyah (primary), which are important and must be fulfilled to achieve the goals of sharia, namely safety. The analysis of maqasid sharia with six subsystem features explains that protected interests are closely related, which are related to one another, representing age differences in marriage, which is a form of discrimination. The scope of the provisions on the age limit for marriage is classified as maqasid ‘ammah, because it covers all the interests of women in Indonesia. Also, as maqasid khassah, legal protection from the fulfillment of basic rights and constitutional rights as citizens. The level of dharuriyah does not always have the implication of obligatory syar'i (causing sin) but only until obligatory hukm (must), because the legal provisions are explored by mujtahids and are based on the absence of qat'y texts on this issue.

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Maqasid Syariah Dan Pendekatan Teori Sistem Dalam Hukum Islam Menurut Yasser Auda

Cited by 2 publications

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A Conceptual Framework of The Islamic Human Development Index (I-HDI) and its Relationship with Maqāṣid Al-Sharī'ah

A Conceptual Framework of The Islamic Human Development Index (I-HDI) and its Relationship with Maqāṣid Al-Sharī'ah

Maqasid Sharia Perspective in Changes the Marriage Age Limits for Women According to Law Number 16 of 2019

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